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Republican George Amedore has declared victory in the race the state’s new 46th Senate District, citing his 39 vote lead after the conclusion of the paper ballot count. But Democratic State Senate candidate Cecilia Tkaczyk is appealing the judge’s decision to invalidate 333 absentee and affidavit ballots in her race against Republican Assemblyman George Amedore.

Tkaczyk’s appeal argues that Acting State Supreme Court Judge Guy Tomlinson of Montgomery County improperly excluded the contested votes. Among the excluded votes were 54 ballots of Ulster County election inspectors that were not counted because the workers had used special ballots handed out before the statutory two-week period, and 216 affidavit ballots deemed incomplete because voters who had moved did not list their prior address. According to Tkaczyk’s appeal, the ballots were excluded despite the fact that no evidence of fraud was presented.